NSW Department of Planning and Environment

Infrastructure delivery

Development of major infrastructure projects, such as major road and rail projects, requires development consent under the Act before projects can commence construction.

However, this approach does not apply to development activities undertaken by public authorities that are assessed under Part 5, Division 5.1 of the Act. These activities are still subject to an environmental assessment but do not require development consent.

The Environment Planning and Assessment Regulation 2021 will make Division 5.1 assessments more transparent through changes such as the requirement to prepare and publish certain environmental assessment documents.

A new guideline for essential infrastructure

The department has developed a new guideline for proponents and determining authorities assessing activities under Part 5, Division 5.1 of the Act.

The new guideline will become operational on 1 July 2022, when obligations for publishing certain REFs for Division 5.1 activities under the Environmental Planning and Assessment Regulation 2021 come into effect.

Download the Guidelines for Division 5.1 Assessments (PDF, 2.9 MB).

Concurrence and notification

The changes to concurrence or notification of public authorities under Part 5 commenced from 1 March 2018, but are given effect through other planning instruments, such as the Infrastructure State Environment Planning Policy as and when required.

To read more about the changes to the Act see Part 6 - Building and subdivision.

Page last updated: 06/09/2022